THAKKU SINGH Vs. STATE OF M P

JUDGEMENT

(1.) APPLICANT has filed this revision against the order dated 12.9.2006, passed Special Judge, Tikamgarh, in Sessions Trial No. 144/06, framing the charge against the applicant for the offence under section 120-B read with section 394/397 of IPC.

(2.) LEARNED counsel for the applicant submits that since there is absolutely no legal evidence against the applicant, learned trial Court has committed serious error in framing the charge against the applicant.

(3.) DURING investigation, co-accused Khillan son of Kanhai and Balli Yadav @ Baliram son of Mulua were arrested. In their memorandum, recorded under section 27 of the Evidence Act, both the accused confessed before the police that they had planned about the commission of aforesaid robbery in the house of Bhakti Tiwari alongwith applicant and some other persons. On the information furnished by those accused persons, the looted property was recovered. Applicant was arrested on 22.11.2005 and on his information a motorcycle was seized. In the memorandum given by applicant, it was disclosed that he had carried accused Balli and Khillan on the motorcycle from Ghuara to Purani Tekri Road and that the incident occurred in the bus.